WVC 19 - 23 - 6
§19-23-6. Powers and authority of Racing Commission.
The Racing Commission has full jurisdiction over and shall
supervise all horse race meetings, all dog race meetings and all
persons involved in the holding or conducting of horse or dog race
meetings and, in this regard, it has plenary power and authority:

(1) To investigate applicants and determine the eligibility of
the applicants for a license or permit or construction permit under
the provisions of this article;

(2) To fix, from time to time, the annual fee to be paid to
the Racing Commission for any permit required under the provisions
of section two of this article;

(3) To promulgate reasonable rules implementing and making
effective the provisions of this article and the powers and
authority conferred and the duties imposed upon the Racing
Commission under the provisions of this article, including, but not
limited to, reasonable rules under which all horse races, dog
races, horse race meetings and dog race meetings shall be held and
conducted, all of which reasonable rules shall be promulgated in
accordance with the provisions of article three, chapter twenty-
nine-a of this code except that the Racing Commission shall
promulgate separate rules, in accordance with article three,
chapter twenty-nine-a, pertaining to the kinds of legal combination
wagers which may be placed in connection with the pari-mutuel
system of wagering authorized by this article;

(4) To register colors and assumed names and to fix, from time to time, the annual fee to be paid to the Racing Commission for any
such registration;

(5) To fix and regulate the minimum purse to be offered during
any horse or dog race meeting;

(6) To fix a minimum and a maximum number of horse races or
dog races to be held on any respective racing day;

(7) To enter the office, horse racetrack, dog racetrack,
kennel, facilities and other places of business of any licensee to
determine whether the provisions of this article and its reasonable
rules are being complied with, and for this purpose, the Racing
Commission, its executive director, representatives and employees
may visit, investigate and have free access to any such office,
horse racetrack, dog racetrack, kennel, facilities and other places
of business;

(8) To investigate alleged violations of the provisions of
this article, its reasonable rules, orders and final decisions and
to take appropriate disciplinary action against any licensee or
permit holder or construction permit holder for a violation or
institute appropriate legal action for enforcement or take
disciplinary action and institute legal action;

(9) By reasonable rules, to authorize stewards, starters and
other racing officials to impose reasonable fines or other
sanctions upon a person connected with or involved in any horse or
dog racing or any horse or dog race meeting and to authorize
stewards to rule off the grounds of any horse or dog racetrack any tout, bookmaker or other undesirable individual determined inimical
to the best interests of horse and dog racing or the pari-mutuel
system of wagering in connection therewith;

(10) To require at any time the removal of any racing official
or racing employee of any licensee for the violation of any
provision of this article, any reasonable rule of the Racing
Commission or for any fraudulent practice;

(11) To acquire, establish, maintain and operate, or to
provide by contract for the maintenance and operation of, a testing
laboratory and related facilities for the purpose of conducting
saliva, urine and other tests on the horse or dog or horses or dogs
run or to be run in any horse or dog race meeting and to purchase
all equipment and supplies considered necessary or desirable in
connection with the acquisition, establishment, maintenance and
operation of any testing laboratory and related facilities and all
such tests;

(12) To hold up, in any disputed horse or dog race, the
payment of any purse pending a final determination of the results
thereof;

(13) To require each licensee to file an annual balance sheet
and profit and loss statement pertaining to the licensee's horse or
dog racing activities in this state together with a list of each
licensee's stockholders or other persons having any beneficial
interest in the horse or dog racing activities of the licensee;

(14) To issue subpoenas for the attendance of witnesses and subpoenas duces tecum for the production of any books, records and
other pertinent documents and to administer oaths and affirmations
to such witnesses, whenever, in the judgment of the Racing
Commission, it is necessary to do so for the effective discharge of
its duties under the provisions of this article;

(15) To keep accurate and complete records of its proceedings
and to certify the same as may be appropriate;

(16) To take any other action that may be reasonable or
appropriate to effectuate the provisions of this article and its
reasonable rules;

(17) To provide breeders' awards, purse supplements and moneys
for capital improvements at racetracks in compliance with section
thirteen-b of this article; and

(18) To mediate on site, upon request of a party, all disputes
existing between the racetrack licensees located in this state and
representatives of a majority of the horse owners and trainers
licensed at the track which threaten to disrupt any scheduled
racing event or events. The Racing Commission shall, upon the
request of a party, mediate on site all disputes existing between
racetrack licensees and representatives of pari-mutuel clerks which
threaten to disrupt any scheduled racing event or events. When a
request for mediation is made, the commission shall designate from
among its members one person to act as mediator in each dispute
that arises. Each opposing party involved in any dispute shall
negotiate in good faith with the goal of reaching a fair and mutual resolution. The mediator may issue recommendations designed to
assist each side toward reaching a fair compromise. No owner or
operator or any horse owner or trainer or any pari-mutuel clerk
licensed at the track is required to abide by any recommendation
made by any mediator acting pursuant to this subsection.

The Racing Commission shall not interfere in the internal
business or internal affairs of any licensee.
Note: WV Code updated with legislation passed through the 2015 Regular Session
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